Legal Opinion

Citizens Action League v. Kizer

Court of Appeals for the Ninth Circuit

Decided October 23, 1989No. 88-15044PublishedCited by 29 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

This appeal turns on whether California has made a permissible interpretation of federal Medicaid law to authorize recovery of benefits from a deceased recipient’s “estate.” Plaintiffs are a class comprised of persons who by right of survivorship have succeeded to property they formerly held in joint tenancy with a benefits recipient. They argue that Congress’s use of the word “estate” in the recoupment provision limits a state’s recovery to property which descends to the recipient's heir or the beneficiaries of the recipient’s will upon death. Because the property…

2Cases cited10 opinions

  1. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  2. Chemical Manufacturers Ass'n v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1985
  3. Gilbert v. United StatesSupreme Court of the United States · 1962
  4. United States v. 594,464 Pounds of Salmon, More or Less, Appeal of Union, Inc.Court of Appeals for the Ninth Circuit · 1989
  5. In re the Estate of HarrisNew York Surrogate's Court · 1976

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3Cited by29 opinions

  1. In Re Estate of Ardell Hamilton TriggTennessee Supreme Court · 2012
  2. Sobky v. SmoleyDistrict Court, E.D. California · 1994
  3. In Re the Estate of BargSupreme Court of Minnesota · 2008
  4. In Re Estate of JobeCourt of Appeals of Minnesota · 1999
  5. Belshe v. HopeCalifornia Court of Appeal · 1995

24 more not listed; retrieve them via the Exa API.

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